Albert Calladine - Court action

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Date
4 October 2010
Category
Court actions

A trader who did shoddy jobs spray sealing driveways and car parks in regional Victoria has been convicted, fined $14,000 and ordered to rectify his botched jobs or pay $83,750 compensation to consumers. 

Albert Calladine, 44, formerly of Carrum Downs, pleaded guilty to eight criminal charges of breaching the Fair Trading Act 1999 when he appeared in Frankston Magistrates’ Court on 12 August.

The court ordered Mr Calladine to repair his sub-standard work on four consumers’ properties by September next year, or pay them a total of $83,750 compensation. The repairs must be done to the standard required in an expert’s report commissioned by Consumer Affairs Victoria.

Mr Calladine was also ordered to refund a fifth consumer $7500 for a substandard driveway sealing job.

Between October 2008 and May 2009, Mr Calladine spray-sealed driveways and car parks in rural areas around Eildon, Swan Hill, Morwell and Kerang. Consumers paid between $6000 and $41,000 for the jobs.

He misrepresented the quality of his work, claiming it would be the same as the road surface on a nearby highway. But the bitumen binder he used was inadequate.

The resurfacings were materially different to what he agreed with the consumers as the bitumen crumbled when driven on afterwards.

Mr Calladine promised to repair his work but did not return.

A Consumer Affairs Victoria investigation of consumer complaints led to Mr Calladine being charged.

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